IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8096 OF 2017 BETWEEN:
SRI PANDU RATHOD S/O.SRI LAKSHMAN AGED ABOUT 34 YEARS R/AT NO.3/96 MUDNAL DODDA THANDA YADGIRI TALUK & DISTRICT … PETITIONER (BY SRI N.R.NAIK, ADVOCATE) AND:
1. THE STATE OF KARNATAKA STATION HOUSE OFFICER BY ITS JAYALAKSHMI PURAM POLICE STATION, MYSURU-570 001 REPRESENTED BY ITS SPP HIGH COURT OF KARNATAKA BENGALURU-560 001 2. DR.K.G.CHANDRASHEKAR S/O.K.GANGE GOWDA AGED ABOUT 50 YEARS REGISTRAR KARNATAKA STATE OPEN UNIVERSITY MUKTHA GANGOTHRI MYSURU-570 006 …RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE COMPLAINT AND FIR IN CRIME NO.52/2017 REGISTERED BY JAYALAKSHMI PURAM POLICE STATION, MYSURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 465, 468, 471 AND 420 OF IPC BY I ADDITIONAL CIVIL JUDGE (JR.DN.) & JMFC, MYSURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for petitioner and learned Additional Special Public Prosecutor for respondent No.1.
2. Learned counsel for petitioner submits that allegations made in the chargesheet do not disclose the involvement of the petitioner in the alleged offences. Petitioner was a student, who secured a certificate from respondent No.2-Karnataka State Open University. There is nothing in the chargesheet to show that he was aware of the alleged fraud or falsification of the records. Under the said circumstance, registration of FIR against the petitioner is illegal and an abuse of process of Court.
3. Learned Additional Special Public Prosecutor, however, submitted that the investigation is completed. The chargesheet is already submitted before the jurisdictional Court on 25.09.2017.
4. In view of submission of the chargesheet, liberty is reserved to the petitioner to seek discharge before the trial Court on the very same contention urged before this Court.
Reserving liberty as above, the petition is disposed of.
In view of disposal of the petition, IA.No.1/2017 does not survive for consideration and the same is disposed of accordingly.
Sd/- JUDGE LB